[Adopted 9-19-1989 by L.L. No. 2-1989]
The purpose of this article is to provide that no civil action shall
be maintained for damages or injuries in consequence of any streets, highways,
sidewalks, buildings or other facilities being defective, out of repair, unsafe,
dangerous, obstructed or in consequence of any snow or ice thereon unless
written notice was theretofore given and there was a failure to take action
within a reasonable time.
No civil action shall be maintained against the Town of Coeymans, any
of its districts located therein, or any town officer, agent or employee for
damages or injuries to person or property sustained in consequence of any
street, highway, bridge, culvert, sign, highway marking or device, sidewalk
or crosswalk or any town building or facility being defective, out of repair,
unsafe, dangerous or obstructed or in consequence of snow and ice thereon
unless it appears that written notice of such defective, unsafe, dangerous
or obstructed condition, or of the existence of the snow or ice, of such highway,
bridge or sidewalk was actually given to the Town Clerk or Town Superintendent
of Highways of the Town of Coeymans and there was a failure or neglect within
a reasonable time after the giving of such notice to repair or remove the
defect, danger or obstruction complained of, or to cause the snow or ice to
be moved or place made otherwise reasonably safe. Such written notice shall
be dated and signed and shall, among other things, specify the particular
place and condition alleged to be out of repair, unsafe, dangerous or obstructed
or the place and extent of the existence of the snow or ice and shall be actually
given to the Town Highway Superintendent or Town Clerk.
The Town Superintendent of Highways shall transmit in writing to the
Town Clerk, within five days after receipt thereof, all written notices received
by him pursuant to this article. The Town Clerk shall cause all written notices
received by him or her pursuant to this article to be recorded and preserved
pursuant to Town Law § 65-a, Subdivision 4.
This article shall supersede in its application to the Town of Coeymans
Subdivisions 1 through 3 of § 65-a of the Town Law.